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200110903 SECTION 8.15. The Security Agreement and other Loan Documents. In the event that a valid and enforceable security interest has been created in any of the Trust Property under the terms of the Security Agreement (as defined in the Credit Agreement) and the terms of the Security Agreement are inconsistent with the terms of this Deed of Trust, then with respect to such Trust Property, the terms of the Security Agreement shall be controlling in the case of Equipment and proceeds of insurance policies and the terms of this Deed of Trust shall be controlling in all other cases. With respect to any other Loan Document, in the event of a conflict between the provisions hereof and the provisions of such other Loan Document as they relate to the Trust Property, the provisions of this Deed of Trust shall control. SECTION 8.16. No Merger. The assignments by Grantor in favor of Beneficiary herein contained and the obligations of Grantor hereunder to (i) maintain the insurance required to be maintained by Grantor hereunder and to pay all premiums in respect thereof, (ii) to pay all Impositions, (iii) Trustee and/or reimburse Beneficiary for all sums expended by Trustee and/or Beneficiary pursuant to this Deed of Trust to protect the lien of this Deed of Trust and to prevent waste to the Trust Property and (iv) to pay interest at the Default Rate on the aforementioned sums from the date due until paid in full shall not be merged into any judgment of foreclosure and shall survive any such judgment. SECTION 8.17. WAIVER OF JURY TRIAL. GRANTOR AND BENEFICIARY DO EACH HEREBY KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY, IRREVOCABLY AND INTENTIONALLY FOREVER WAIVE THE RIGHT TO A TRIAL BY JURY IN EVERY JURISDICTION IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY GRANTOR OR BENEFICIARY AGAINST THE OTHER OR THEIR RESPECTIVE SUCCESSOR OR ASSIGNS IN RESPECT OF ANY MATTER ARISING OUT OF, UNDER OR CONNECTED WITH (INCLUDING, WITHOUT LIMITATION, ANY ACTION TO RESCIND OR CANCEL THIS DEED OF TRUST OR THE OBLIGATIONS SECURED HEREBY, AND ANY CLAIMS ASSERTING THAT THE NOTE OR THE LOAN SECURED HEREBY WAS FRAUDULENTLY INDUCED OR OTHERWISE VOID OR VOIDABLE) IN ANY MANNER WHATSOEVER THIS DEED OF TRUST, THE TRUST PROPERTY, OR ANY OF THE OTHER LOAN DOCUMENTS, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR ANY EXERCISE BY ANY PARTY OF THEIR RESPECTIVE RIGHTS UNDER THE LOAN DOCUMENTS. THIS WAIVER OF THE RIGHT TO A JURY TRIAL IS A MATERIAL INDUCEMENT FOR BENEFICIARY TO ADVANCE THE SUMS MAKE THE LOAN SECURED HEREBY. SECTION 8.18. Cross - Collateralization. Grantor acknowledges that the Secured Obligations (in whole or in part) are secured by, among other things, this Deed of Trust together with additional mortgages, deeds of trust or similar security instruments (together with their respective documents securing or evidencing the Secured Obligations, the 'Additional Mor(gages ") and encumbering additional properties as set forth on Schedule VII of the Credit Agreement (the 'Additional Properties"). If an Event of Default shall then exist, or as otherwise provided in the Loan Documents, Beneficiary and/or Trustee shall have the right to institute a NYDOCS03/596673.1 30 HALL COUNTY, NEBRASKA